950.08 REPLACEMENT AND PRESERVATION OF TREES WHEN DEVELOPMENT PLAN IS SUBMITTED PURSUANT TO CHAPTER 1126.
Tree Preservation Plan. A Tree Preservation Plan shall be submitted with any Chapter 1126 development plan. The Tree Preservation Plan shall be drawn to an appropriate scale and include, at a minimum, the location, species / common name, and D.B.H. of all existing major trees to be preserved on the property after construction and development.
The City Arborist may, at their discretion, accept an estimate of the number and D.B.H. size of trees on a site that when the site exceeds three (3) acres. In considering estimates, the City may allow the use of techniques such as site photographs, aerial photographs, site visits, etc. and any similar method to determine the existing trees to be preserved.
Tree Clearance Permit and Tree Replacement Plan. A Tree Clearance Permit application and Tree Replacement Plan also shall be submitted with any Chapter 1126 development Plan. Upon submission, review and approval of a Tree Clearance Permit and Tree Replacement Plan, a developer or property owner shall be required to replace all trees removed in accordance with specification and replacement options outlined herein.
The Applicant in its Tree Replacement Plan shall specify and list the most desirable replacement option being presented for review and approval. A combination of replacement options (a)(1) through (3) is acceptable if replacement of one hundred percent (100%) of trees cannot be accommodated on site as determined by the City Arborist.
(a) Replacement options and requirements to be identified by the Applicant in the Tree Clearance Permit application and Tree Replacement Plan.
(1) On-site Replacement Option. An on-site replacement option requires a minimum of fifty percent (50%) of the required replacement trees shall be replanted in another location on the site from which the original trees were removed to maintain the remaining natural distribution of tree cover within the City.
(2) Tree Bank Site Option. Although one hundred percent (100%) on- site tree replacement is desired, if this is determined by the Arborist to be impossible or impractical, the remaining balance of required replacement trees shall be planted on a designated Tree Bank Site to accommodate this option. The Tree Bank site refers to public land, parks, or areas that are receiver sites for tree plantings. Upon agreement of the Applicant, the City and a private land owner, the City may designate a Private Tree Bank Site be permanently preserved via recorded covenant or easement. Planting shall be carried out directly by the developer/landowner with direction and inspection of the City Arborist.
(3) Tree Bank Fund Option. If in the opinion of the City Arborist neither the On-Site Replacement ((a)(1) above), nor a the Tree Bank Site ((a)(2) above), options can accommodate the required replacement trees, a payment in lieu of replanting may be utilized if authorized by the City Arborist and if requested by the Applicant. The replacement fee for each tree shall be allocated to the Tree Bank Fund according to the schedule of fees established by City Council. Tree Bank Funds shall be used only for the planting and installation of trees on public property at any location within the City, including in the right of way as determined by the City Arborist.
Planting and installation may include purchase, transportation, mulching, watering, and labor associated with the replacement tree(s) for up to one (1) year from the date of planting. An Applicant authorized to use this Replacement Option shall have no right to select the location, type, or method of installation or maintenance of trees.
A. Tree bank fee shall be not less than one hundred dollars ($100.00) per caliper inch of the required replacement trees.
(4) Size of Replacement Trees. Each replacement tree planted pursuant to subsection (a)(1) and (a)(2) herein shall have a minimum caliper of 1.75 inches A.B.H. and a clear trunk height of at least six (6) feet.
(Ord. 2024-19. Passed 4-16-24.)